In recent years, the cases that operator, who is obligated the safety guarantee obligation, should be liable for damages when a third person as a direct infringer against others, is increasing. Relative lag of theory research in China and the imperfection of law, led to the situation in the judicial practice as follows: the judge understanding is different, so the judge's decision is also different. This phenomenon has caused the larger controversy. This kind of case not only relates to the personal rights and property rights of consumers, also related to the interests of the operators. Therefore, properly handle such cases is of great significance for the stability of social relations and the development of market economy.This article chose China national petroleum co., LTD's liability of violation of safety guarantee obligation as the case to be analyzed. In the trial of this case, mainly existed the following disputes: firstly, whether the case is more than the statute of limitations or not; secondly, in this case who is the subject of obligation of safety guarantee obligation; thirdly, whether the defendant is in violation of the safety guarantee obligation or not; fourthly, what responsibility form should be assumed by the defendant. In the process of commenting the disputes, this paper combines the domestic and foreign relevant laws and regulations, the legal theory and judicial practice experience and so on to carry on the comprehensive consideration and research. Firstly, according to the provisions of the relevant laws in our country, this paper concluded that the statute of limitations of this case has not been elapsed. Secondly, combining with the legal basis of the obligation of operator safety guarantee and our country's related laws, it concluded that China petroleum and natural gas sales co. Hunan branch is the subject of the operator safety guarantee obligation. Thirdly, according to the reasonable limit of the safety guarantee obligation, it can be judged that China petroleum and natural gas sales co. Hunan branch has been violated the safety guarantee obligation already, and should pay compensation to the victim. Finally, China petroleum and natural gas sales co. Hunan branch shall be supplementarily liable of the corresponding fault, and also enjoy the right of recourse against the direct infringer. |